Plano Divorce Lawyer

Divorce Consultation in Plano and Surrounding Areas

Just the thought of divorce can be devastating. A permanent separation immediately raises several questions. Who will get custody of the children? Who will keep our house? How will we divide our assets? Who will owe child support or spousal support? What amount is child support or spousal support? How long will my divorce take? What is divorce mediation? What divorce forms will I need?

If you have a contested divorce or uncontested divorce, or need help enforcing a prenuptial or post-nuptial agreement, divorce attorney Sarah Fox is experienced with all aspects of family law and can help evaluate your situation and help you make the most informed decision. Whether adultery, cruelty, abandonment, a felony conviction, or irreconcilable differences have led you to file for divorce, there are specific aspects to consider. Let divorce lawyer Sarah Fox help you with a consultation to discuss your situation and help provide legal advice for your divorce process.

The first step after filing for divorce is to identify all assets that belong to the spouses. Anything purchased during the marriage will be marital property, even if only one spouse acquired it. Marital assets include the primary marital residence, rental units, or even vacation homes. For many couples, it involves at least some bank accounts and vehicles. However, additional assets that will need to be divided during divorce can include a family business, employment benefits, stocks, pensions, retirement accounts, intellectual property rights, jewelry, and any other expensive collectibles.

Finding and determining a value for all of these assets can be overwhelming but it is vital to your divorce that all assets are found and correctly valued before the division of assets begins. In 2021, a change in the law was enacted which requires compulsory disclosures of certain financial records only 30 days after the divorce is initiated which makes this first step a time-sensitive task. Using financial experts can be especially helpful if you believe your spouse could be hiding assets or devaluing a business or other property.

Divorce Mediation

Many courts in Texas will require divorce mediation if the divorce is set for trial. Divorce mediation can help speed up divorce proceedings and settle your divorce case, saving time and money. Mediation is especially useful in cases where both parties want to achieve a timely resolution but cannot agree on certain details regarding property division or child custody arrangements.

Child Custody

Your kids are your top priority. You have always put them first and The Fox Firm law office understands you have their best interests in mind when it comes to their legal custody. Unfortunately, your spouse may have a different opinion of what is in the child’s best interest. In a child custody dispute, it is especially important to have an experienced child custody lawyer represent you. A skilled child custody attorney can be the difference in parenting time between sole custody and limited visitation in a custody arrangement from a family court.

Child Support

Regardless of whether parents are married or not, they all have a parental responsibility to financially support their children. The amount of child support will depend on several factors including how much each parent earns as well as how much time each child spends with their children. Whether a certain parent has the ability to earn more, is paying for health insurance for the child, or the child has special needs also comes into play

Spousal Support

Spousal support, or what is commonly referred to as alimony, is not easily attainable in a state of Texas court. There are multiple conditions that must be met such as the existence of family violence, a marriage of ten years or longer, or other aggravating factors before spousal support may be awarded. Even if spousal support is ordered, a Texas court has a cap on how much can be awarded each month, provisions requiring the receiving spouse to obtain employment, and provisions that allow for a finite period of time that spousal support may be paid. If you believe you are entitled to spousal support, it is essential to have an experienced divorce lawyer on your side to fight for what you deserve to help bridge the transition out of your marriage. Conversely, if you find yourself the subject of unfair demands for alimony from your spouse, an attorney who knows the law can defend you against illegal claims for support.

Divorce Forms

There are several documents required throughout the divorce process. Although you may wish to search online for these forms to try to file for divorce yourself, an attorney can be helpful in navigating your divorce proceedings and unforeseen obstacles along the way. That’s why it’s important to at least schedule a consultation before you file to explore what all different divorce forms and procedures lay in front of you and what they require such as:

• Petition for Divorce

• Response

• Temporary Orders

• Discovery

• Decree of Divorce

• Parenting Plan

How Long Will The Divorce Take?

Once the petition for divorce has been filed, Texas law requires a minimum period of 60 days before a final decree can be entered, although an exception exists providing for a quicker resolution in certain cases involving family violence. Of course, many divorce cases take much longer than the minimum 60 days, but ultimately the length of the case depends on how much the parties can agree upon regarding child custody disputes or arguments over the division of marital property.

Who Gets to Keep the House?

When it comes to finalizing a divorce, there are multiple avenues to ensure that the marital residence is divided fairly. The simplest is to sell the home and divide the profits equally between the two parties. If one party wants to keep the house, they can always offer to buy the other party out of their interest in the home. The home is appraised, a fair value of equity is determined, and then divided in half to establish at what price the other party should be compensated for losing the house.

Who Gets to Keep the Dog?

Believe it or not, it is very common to assign custody and possession schedules for pets during a divorce that look similar to a child custody arrangement. Parties can agree to alternate time with the pet, divide medical costs for the animal, and even include a right of first refusal so that if one party is out of town, the other party has the right to possession of the pet rather than a dog sitter.

Hire a Divorce Attorney in Plano

There are lots of questions when it comes to divorce. It can be an incredibly difficult to navigate though the complex process. Contact family law divorce attorney Sarah Fox for a consultation to help guide you to the best possible outcome.